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Ameris Bank v. Shiver

United States District Court, S.D. Georgia, Statesboro Division

June 11, 2015

AMERIS BANK, as Assignee of the Federal Deposit Insurance Corporation, Receiver of Derby Bank and Trust Co., Plaintiff,
v.
ROY S. SHIVER, JR., AMERIS Defendant.

ORDER

J. RANDAL HALL, District Judge.

This cause comes before the Court on its own initiative. Plaintiff Ameris Bank filed the presently-pending motion for summary judgment on April 15, 2015, and the time for Mr. Shiver's response has passed without answer. (Doc. 22.) However, Mr. Shiver claims to have not received either the motion for summary judgment or the notice prepared by the clerk's office pursuant to Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985) (per curiam). A review of the docket does not reveal whether the motion for summary judgment or notice were mailed to Mr. Shiver. Moreover, Mr. Shiver has informed the Court that his address has changed. As such, the Court cannot ascertain whether the pending dispositive motion ever reached Mr. Shiver.

In an abundance of caution and because Mr. Shiver is acting pro se in this matter, the Court hereby DIRECTS the Clerk of Court to SERVE Mr. Shiver with a copy of this Order, the Motion for Summary Judgment (Doc. 22), and the Griffith Notice at the following address:

Mr. Shiver shall have through and including JULY 6, 2015 to file any response to the Motion for Summary Judgment.


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